الشرط الجزائي كضمان في عقد الاعتماد الإيجاري

Abstract EN

Rental credit is a financing technique introduced as a result of the evolution of the economic world, especially as a result of globalization and its results that is why the legislature has kept pace with this development by introducing this type of contract with a view to advancing development, rental credit is a contract that allows an economic entrepreneur to obtain the equipment and equipment he needs by obtaining the necessary financing to buy from a second party called the lessor, which is the bank or financial institution this is in exchange for rental instalments to be paid and, in order to complete this process, it is necessary for a third party, the supplier or seller, to intervene for those assets needed by the lessee.

the lessor works to exploit the legal provisions governing this contract by including in the contract a set of conditions whose inclusion aims to strengthen its legal status because of the seriousness of this process as a loan.

the most important condition for the lessor's inclusion in the contract is penal clause or agreement compensation, under which compensation is pre-determined in respect of the debtor's failure to perform its contractual obligations, particularly in respect of rental premiums and various other obligations.